Clients Victory Over Charges for Possession of Paraphernalia
Possession of Paraphernalia
My client was charged with possession of paraphernalia, i.e., two meth pipes. The evidence that the District Attorney planned on using against my client were two digital scales, a video of her using two meth pipes, the two meth pipes and her incriminating statements to South San Francisco Police officers. All of the evidence that the South San Francisco Police Department obtained in this case was based upon a search of my client's motel room in South San Francisco. Prior to trial we brought a motion to suppress evidence of the South San Francisco Police Department's discovery of the video of my client smoking from the meth pipes. We won the motion and the judge excluded the video evidence of my client's drug usage. However, the District Attorney still insisted on going forward with the trial. During the in limine motions phase of the trial, we brought a motion to exclude my client's statements to the South San Francisco Police Department officers as being taken in violation of her Miranda rights. This time, the trial judge and second judge in our case agreed with us and granted our motion to exclude my client's incriminatory statements. Faced with two consecutive losses and a substantial withering of their evidence against my client, the District Attorney's folded and dismissed their case against my client. The trial was over and my client didn't have to spend more than two days in court.